has outraged so many people, we've had calls from viewers offering thousands of dollars to help solve this case. and we've posted surveillance news.com, go take a look. vic lee, abc 7 news. >> let's hope they catch this guy. >> we're learning about the driver and the victim in yesterday's fatal car accident in the mission district. >> police say the man attempted to kill three other people just minutes before. >> we have the latest on the investigation for us. leanne? >> investigators now saying that a 19-year-old is up to no good. police saying at 7:45 yesterday morning he was involved in a drive by shooting, directed at three people. this before he was involved in that traffic accident, that killed two people. in this video taken by a neighbor, you can hear police

demanding the driver put his hands up. >> keep your hands up, now. >> put them up. put your hands up, up! >> he had already slammed into another car, a white toyota, killing the passenger and pedestrian. investigators say he was fleeing after two officers had initially stopped him just minutes before. this is video of an injured morales being taken away. police say he had reason to flee. >> what we have at this point is that he did go into the housing development, confronting three victims. during that confrontation, producing a firearm and fired upon them. >> those three people were not hurt. but investigators say they found evidence of that drive by shooting inside of the car he was driving. >> we've had some prior contacts with mr. morals. he is a documented gang member. when arresting him we found a gun in in his position -- possession in the

vehicle. >> the surveillance video shows the moment when the white toyota slammed into the front of the convenience store on the corner of 21 and south vanness yesterday morning. the passenger of the car, a woman was killed and so was a 26-year-old. he was just walking past the store. >> his sister told us it hurts and she says i saw him on the 31, i will never again see him. >> now, moral ses, the suspect was release frtd hospital. right now is he in county jail. police say he will be charged with two counts of murder, three counts of attempted murder related to that drive by shooting. and other felony charges.  white car, his condition was

upgraded from critical to serious. so that is good news. i'm live in the mission district of san francisco, abc 7 news. >> leanne, thank you. >> just moments ago, official as announced city council will consider pro claiming a local emergency because of the floodingxzb in san franciscoto creek. >> the creek has a history of flooding and heavy rains pushed it over the banks, swamping homes and roads. east palo alto estimates damage at $2.6 million. >> cold weather contributed to five water main breaks around the bay area. the first one, last night in berkeley, crews called to two locations today, the fourth was at west view drive in oakland, crews worked to fix the break on santa clara street. abc 7 news is live for us. nick? >> the work all day and have continued to work up until the

last minute. in fact, they just wrapped up, here in hayward. you know if you woke up in the morning with out running water, they did their best to cross the east bay to make sure that if that tap wasn't working to get that water flowing again. the city of hayward's department of public works forced to deal with one of five reported water main break as cross the east bay today arngs 4:30, reports of the break made its way to city hall. by 5:00 a.m. crews identified a problem, and were digging up a section of santa clara street to fix the busted pipes. more than 300 customers were without water. the problem? this section of pipe. the 12 inch pipe built in 1958 became a casualty of age. officialseyy say one more thin. >> amounts of rains that we've had in the a lot of two storms playing a role. the fact that some cords fell recently. >> customers in four other

neighborhoods would wake up to water main problems. here in berkeley, cruise worked to get service back online. using their ace in the hole to fix a broken main that has been water pouring down sixth street. across town, another break in pipes left more customers without water. first main to give way was last night in concord. this break at the intersection of salvio and mount diablo only affected a few homes. >> this is not only in the east bay, but on the peninsula, too. >> there was also a report of a water main break in the oakland hills. now, five breaks all within 24 hours once again, shining a spotlight on the aging infrom a structure problem throughout most of the bay area. now, the role weather plays in challenging old and hidden pipes is evident and experts tell thaws we can't expect leaks to pop up again.

in hayward, nick smith, abc 7 news. >> thank you. >> today is the second spare the air day of the new year. it was cold around the bay area this morning. frost covered parked cars and trucks. including in marin and sonoma county. there is no spare the air advisory, but officials are still asking people not to burn any wood. >> yes, current alert expires at midnight. we're being asked not to burn wood tomorrow. here is a look. you can see absenceúk9@ of clo, it was frosty and frigid this morning. sheer sampling of low temperatures. 26 degrees in sonoma county airport. 28 in napa. 28 in livermore, below freezing in many locations and below 30 degrees in others. for thing, it will be chilly again. temperatures mainly into the 40s dropping overnight, early in the morning well see lows from upper 20s to just above

40 degrees, afternoon, relatively mild. i'll give you a look at the accu-weather forecast a little later. >> the first snow pack survey of the year in the sierra off to a good start thanks to storms we've had in northern california. snow pack is at 134%, well above average for this time of the year, putting state at halfuulwbç of average for the season. california main reservoirs are above 70% of capacity. >> we've learned identity of a man swept out to see yesterday, he died rescuing his wife and their dog after a sudden, huge wave called a sneaker wave swept them away. he got his wife out then went back in to save the dog. he drowned. coming up at 4:55 abc 7 news reporter wayne freedman will tell us what happened on the beach and danger was sneaker wave autos right now, police

need help to identify these two people, police say they robbed a bank of the west on telegraph avenue. the man apparently went up to the teller said he had a gun, demanding money. he got away with an undisclosed amount of cash. police say she was helping him, but won't specify how. >> police arrested this man after they say he broke into a home only to be foiled by another man with a sword. a woman told officers she saw a 23-year-old jose gomez standing over the bed. her boyfriend then confronted gomez with a sword and had a flare with him. gomez ran from the home. officers captured him in the backyard. police say he has a long arrest record including charges of battery. >> construction work got under way in union square. >> the work closes parts of tokton street with a section of ellis. the central subway will link

chinatown with south of market area and existing t line, scheduled to open in 2019. cardinals will arrive back in the bay area within the next 90 minute autos can't believe you're not wearing red today. in honor of your school. but the cardals will land and stanford captured a rose bowl title in more than 40 years yesterday in a gamechx the grand daddy of them all this, marks the third straight appearance in a bowl championship series game. also stanford's second win over the last three years. yes, carolyn, your school has turned into a college football power house. >> i know. so exciting. isn't it?. >> it is. >> victory is sweet, right? >> still ahead, the private trip google ceo is about to go on. it's a place few executives have gone. >> plus, overseas network

looking to purchase san francisco base current tv. >> 66 days and counting. shame on you. shame on congress. >> new jersey governor blasts congress for not doing must have to help super storm sandy victims how the house speaker responded. >> our first check of traffic, and you can tell a lot of people getting back to work after the holiday break. this san francisco skyway jammed going left to right. and better for folks on the righthand side of the screen. back wit

new jersey governor chris christie is fuming, angry at members of his own republican party and in particular, john boehner because congress has not acted on a aid package for victims of super storm, sandy. >> in october, super storm sandy unleashed her fury on new york and new jersey z now, the fight over recovery funding erupted into a storm of anger. on capitol hill. >> we cannot believe that this cruel knife in the back was delivered to our region. >> in the regions. >> 66 days and counting. shame on you. shame on congress. >> lawmakers expect aid vote on the sandy aid bill late last night. but in a surprise move,

speaker john boehner pulled the bill. the house would not vote before the start of the next 3 the reaction, swift and angry. >> ayea have it. house stands adjourned until 10:00 a.m. tomorrow. >> the senate passed a measure providing about $60 billion to the region. many house republicans said that pry tag was way too high, but governor christie said that wasn't the reason. >> because there have been no substantive reasons given to me for the action. i've got to believe they're political reasons for the action. >> the timing is key. if the house doesn't vote on the measure, lawmakers will have to start from scratch because new congress won't able to take up a bill from old congress. that means the much-needed aid could be delayed several week autos we need to do rebuild now. we need to act now. we can't wait for the next congress. >> the speaker told house republicans there will be a vote on friday on $9 kbrinl of

the aid package. the rest, by january 15th. abc news, washington. >> san francisco based current tv may have a new owner. the network is nearing a deal to sell to al jazeera. it has an english channel, but wants..9p current tv's reach. it's available in two thirds of american homes. the "new york times" reports al jazeera would base it in new york and create original content for the united states. >> should the fiscal cliff be renamed technology cliff? >> and google maps scores another victory. >> good afternoon. well, tens of thousands of new tech companies busy figuring out how to deal with this new fiscal cliff deal. the new tax deal raises taxes on individuals making more than $400,000 a year, married couples making more than $450,000. some could be looking at

higher taxes. the bill extends a research and development tax credit. also, renews tax breaks to businesses but is the other part of the fiscal cliff that could hit companies hard, if they do take affect in march. by spending $538 billion a year on 140,000 contractors the u.s. government is the largest single purchaser in the world. and spending would likely be felt by everyone of these. but would technology projects throughout the government, technology could be hit hardest by these cuts. put another way, it's a technology cliff. >> 2013 budget group is buying the hourly car rental company for $491 million. avis's ceo said he'd been somewhat dismissive of car

sharing he says avis is looking to grab younger consumers and this is the way to do it. >> google maps moved from your desk top to smart phone, next, could be your car. google working with hyundai and the judge in the apple samsung patent case denied samsung's request to keep some sales numbers private while the verdict is being appeal that had means apple and the rest of the world get a peek at detailed sales figures. stocks rally with the dow closing over 300 points higher after lawmakers put in finishing touches to keep part of the country fromù=x going ovr the fiscal cliff. your bloomberg silicon valley index also higher. and more world leaders seeing the value of twitter to communicate. 75% of world leaders are now

on twitter with either personal, or government accounts. the number doubled in two years, most-followed leader in the world is barack obama. followed by hugo chavez. from bloomberg studios i'm cory johnson. >> cory, thank you. >> googlels  executive chairman is on his way to north korea on a private trip. it's an unofficial visit as north korea has no diplomatic relation was the u.s.. google previously hosted lower level north korean officials in april, 2011. the new leader says he wants to focus on technology. >> let's turn to the forecast now. i woke up today and igs[kyl> looked like snow on the lawn. >> yes. >> it was very, very cold. yes. we had temperatures well below 30 degrees.

so, that is chilly. here is a live view right now from our camera. bu]ñ western s, wow, just gorgeous. clear blue, sunny with clouds around.  is is sky conditions we can skpechblgt you can see how cloud-free we are. clouds well off shore. i don't know if you can see those. and here is a look at current temperature readings. it's cool right now. 51 degrees in livermore. 55 san francisco. 9cod city. and will be clear, cold again tonight. a little milder next few days and a slight chance of showers sunday. overnight tonight, we predict lows dropping to 27 in napa. 28, jant rosa. still cold. spare the nair affect until midnight.

we're asked not to burn wood tomorrow. it's protecting that air quality. satellite shows a huge area of high pressure dominating our weather sis im -- picture. approaching frontal system, start agent 7:00 this edge. the front approaches, coast will see it fall apart and weaken in terms of influence on bay area weather. some willbsbrr go to our north p into pacific northwest. we'll have a sunny day here tomorrow, and under those mainly sunny skies in the south bay, we'll see high temperatures in upper 50s. peninsula, mid to upper 50s as well. 58 in palo alto. check out the coast. 54 pacifica tomorrow, 58 half moon bay. it's pretty mild for coastal readings. downtown san francisco, 56 tomorrow, 54 in the sunset district. forth bay highs mid to upper 50s. and 58 in oakland, union city and fremont.

inland east bay is a little bit cooler. highs near monterey bay at or above 60 degrees. here is the accu-weather forecast. mild conditions into afternoon, remaining with us throughout the weekend. more clouds over the weekend and a slight chance of showers on sunday. mild weather continues into next week. first week or so of 2013 look goods. >> thank you. >> up next justin beiber no stranger to run in wtz paparazzi. the action that the pop star now calling for. >> a father's picture of a daughter's birth is getting a lot of online attention. the story is later. >> checking traffic this, is 101. right side of the screen is northbound traffic. it's flowing smoothly. back with m

the frenzy surrounding stars just climbs and climbs. paparazzi try to get one shot of the celebrity. now, someone ki died as a result. >> he hopes this will get lawmakers to do more to protect people's lives. in los angeles with more on what happened. >> pop star justin beiber says enough is enough. a paparazzo was killed while

photographing his car in los l driving his white ferrari, pulled over for speeding. that is when officers say the photographer parked his car, and crossed this busy street is to-to-snap pictures. >> he verbally ordered him to return back to the vehicle. he had to order him twice he was struck by an suv and killed. beiber wasn't there. he said, quote, hopefully, this tragedy will inspire meaningful legislation and whatever steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and photographers themselves. this also isn't the first dangerous run in involving paparazzi and the pop star. >> hello, i have five cars following me. >> last jushlgs a high-speed chase led to a photographerú&zqñ being arrested and charged with california 2009

antipaparazzi law. but a judge threw out charges and said the law was too broad. in this case, his friend claims he was the victim he loved people he was following. just respecting the celebrity. he played by the rules. >> the lapd says the driver who hit the victim was not at fault and will not be charged. >> still ahead on abc 7 news at 4:00 what is next now that congress has come up with a deal to avoid the fiscal cliff. >> also, children who escaped last month's shooting in a elementary connecticut got a warm welcome from a neighboring town. >> welcome news about secretary of state clinton's health. >> a popular new year's resolution for people to lose weight. we ran a ton

lawmakers in washington came up with an agreement to avoid the fiscal cliff. get is where does that leave us now? what happens next? >> mark matthews is in the newsroom with more. >> leaves us with a bill bit more money in our pockets than we owehozfy would have had. the agreement had an impact today on wall street. stocks surged this morning. the dow jumped 300 points. congress sent the president the legislation. >> this law is just one step in the broader efforts to strengthen our economy and broaden opportunities for everybody. >> for people making more than $400,000 a year, taxes are

going up in 2013. payroll tax cuts expired meaning an increase on salary business 2% for every worker earning up to $110,000 a year n two months, congress will have to take up automatic spending cuts. and about that time, anticipating a fight over the debt ceiling. those voting admit it's not a permanent fix. >> it's a partial answer to a larger problem. let's sets the nation up for another fiscal showdown in mere month autos tax preparers are tweaking their numbers and h and r block a manager says the changes for 2012 are relatively minor. >> the devil will be in details in terms of understanding individual tax situations. >> and skia skype, the vice president at turbo tax told us the same. >> part is luck and part experience. analysts are well, dead on in

anticipating what would prevail. >> one area congress changed minimum tax that has been burdening more american thanz was intended. what congress did with it and it's significance is a story i'm working on for abc 7 newss=÷ at 6:00. >> mark, looking forward to that one. secretary of state clinton left the hospital in new york city after being treat forward a potentially deadly blood clot. secretary clinton stepped into a van joined by her husband, former president bill clinton.7q doctors found a blood clot in her head. the state department revealed she reviewed paper work in the hospital. she planned to resign from her postulater this month. the president has nominated senator john kerry to preplace her as secretary of state. >> students at sandy hook elementary school were given a sense of normalcy today, they

reunited with teachers. it's the piers time they have been back to school since the december 14th shooting left 20 students and six educators dead. >> it will be a long time before things get back to but they saw their teachers again, wednesday, walking through their new school. >> children coming in, so excited to see teachers. and this, students coming in completes the circle. whaits missing is getting our students back. >> class will resume on thursday in a retro fitted middle school. today, the school held an open house to take a look around. it's the first time they'll be back in school since the massacre. for weeks sandy hook teachers worked to recreate every aspect of the school. desks, backpacks, skots pencils in the same place. the sign outside of chalk hill

school has been changed to read sandy hook elementary school, and green ribbons lined the road to the school. >> a great deal of thought, effort and work to make this as seamless as possible. >> but some things are different. counselors to help students, parents and teachers and an increased police presence. >> our goal to make it a safe learn egg environment for these kids to return to. the teachers, also. now, it has to be the safest school in america. >> the old principal came out of retirement to replace the beloved principal. >> a spokesperson for lanza's father says he has claimed hisvw son's body and planning a private burial. abc news, new york. >> students who went back to school today in one new jersey school district had someone new welcoming them, guards with guns. the mayor of marlboro township

putted armed police officers in every school. he says the zrigs zigs is a response to what happened in connecticut. not everybody is pleased. >> right now, base ond advise it's safer to have our trained police officers in schools than not. >> that is not the message we want to give our kids. you know? that the only way they're safe is people with guns and armed, following them around. >> the armed officers will be on patrol in those schools. the new jersey school district figures out a permanent security plan. the mayor says he came wupt idea before the national rifle association suggested it yale tiffs of a majority of the victims of the colorado theater shooting are turning down an offer from that theater calling it disgusting. families say they were invited to an evening of remembrance follow bid a movie. they said the company had awful timing sending just two days after christmas. yale tifz of nine of the 12 people killed in the july shooting sent a letter of complaint to theater owners. they claim the theater had no comment. theet jer said set to reopen

january 17th. >> the governor the pennsylvania filed suit against ncaa to overturn sanctions imposed against penn state after the jerry sandusky sex abuse scandal saying the national collegiate athletic association overstepped its authority. remember, penn state agreed to pay a fine for the football program. >> ncaa has in authority and operated outside of the their own bilaws with these sanctions they brought. >> was this was a criminal matter not a violation of ncaa rules. >> the ncaa says it's disappointed by the will you suit. family of the former head coach supports the governor in this case. penn state was fined for ignoring claims against the former asis stans stant coach. het%:0y was convicted of 45 cous of child sex abuse working at the school. >> still ahead, federal government approved a drug for hiv and aids patients that

should help with a certain side affect. >> plus, a dog missing in a snow storm for five days. found with a help of an 11-year-old boys skill autos from our camera in emeryville, western sky, mainly clear skies but that absence of clouds contributes to another cold night. i'll have the accu-weather forecast coming up.ovjii >> and traffic flowing smoothly. just a bit heavier. no delays heading to marin or into san francisco. stay with us. [ male announcer ] pillsbury grands biscuits. delicious. but say i press a few out flat... add some beef sloppy joe sauce... and cheese fold it all up and boom! i just made an unbeatable unsloppy joe pillsbury grands biscuits. let the making begin. that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun.

a sixth grader killing time during the holiday break became a key player in a story of survival.

>> that is the 11-year-old showing off his turkey call that. is what he was doing on new year's eve outside of his home, he noticed something coming out of the snow. it turned out it was maggie this, lab mix that went missing the day after christmas during the severe snow storm. maggie had been missing five days when respond together turkey call. >> just standing there wagging her tail, looking at us. i ripped my coat off and put it around her, she was shaking and cold. >> she's been reunited with the owner. she has trouble walking, seeing and hearing. but that turkey call was loud enough to get her out of the snow. she'd been buried some tichl. >> how cute is maggie? >> i know that. little boy? what a great job. >> yes. excellent job. turning to the forecast. our stretch of cold weather looks like goitsing to continue. skies absence of clouds.

we'll see temperatures dropping into frigid range again tonight. lows into upper 20s in napa and santa rosa, fairfield and concord, low 30s in other locations. spare the air alert in effect until midnight. but tomorrow is not spare the air day, we're being asked not to burn wood tomorrow. just to protect the air quality. winter day. looking for highs of only 14, 15 degrees. snow over the great lakes. showers throughout the southeast, milder weather there, of course, through the skies and snow? n.parts of new mexico. up into pacific northwest, shower and coastal areas. across state of cam cal sunny skies tomorrow with mild conditions in the south, high temperatures into 60s in palm springs, los angeles and san diego. 50s going farther north.bc#?u rain way up north at you're yeeka. bay area tomorrow, sunny skies after another frosty morning. high temperatures into afternoon will start climbing into upper 50s in locations

especially in our bay shore line locations and down, into the south bay. so highs up around 60 degrees as a matter of fact. in santa cruz. more mild day heads and some moderate. we'll see milder conditions as well, pleasant weather is ahead. have to get through another frosty, frigid morning tomorrow morning. temperatures into upper 20s into coldest location autos thank you. >> oblg. >> following breaking news now.783 >> want to show you video from las vegas. a small aircraft is burning at north las vegas airport. you can see video of crews trying to put it out. >> we do not know if the plane crashed or perhaps caught fire on the runway. we don't have information yet about those who may have been on board. but you can see, crews are working there to get this out. right new. >> a small plane. also so, point that out.

looks like a private jet this, is video. they tried to extinguish flairjs it appears they've gotten the fire under control. we have live pictures and we'll bring those to you later on. no word on what might have caused it. or conditions of the passengers on board at this point. >> why too many doctors can be bad for patients. >> and the dramatic call to duty prince william got that forced him to leave his family at the start of the new year. >> for mothers giving birth can be a blur, but a father captured an mg image getting a lot after tension online. >> i'm michael finney f your new year's resolution is to lose weight, i'll let you

britain's prince yim took on on a rescue mission. he pilots a rescue helicopter. his chopper lifted off 15 minutes into the nur year to look for a man when had been swept out to sea. the skprins crew spent 90 minutes in the air battling 50 called off that search.. guard!h back in 2011 prince william describes his job as exciting and unpredictable. >> taking a look at healthy living news, federal government approved first antidiarrhea drug designed for aids and hiv patients.

many patients suffer from that side affect when taking some of the drug cocktail that's battle aids and hiv. causing many to change their medications or stop taking them. this drug aims to treat diarrhea not caused by a virus, bacteria or parasite. >> having too many doctors could be bad for your health. new research found in one study, 40 doctors treated a patient a mysterious condition andá/s ordered 25 tests every day. the doctors say they're waiting for the colleagues to figure out what is wrong with the patient. >> every year, one of the pop already new year resolutions is to lose weight, finally. >> yes. how can you do it? keep it off this year. michael finney is here with awe look at which diets seem to work best. >> more than two thirds of americans are on tops of

resolutions is the dreaded d word, diet. 9,000 subvibers rate aid dozen of the most popular diets. >> terry stays fit with the help of an app on her smart phone. my fitness pal. tracking calories. >> all very to do is find the food i've eaten, select the number of servings, and it goes into my calorie count for the day. >> my fitness pal is among the top rated of the survey of subvibers asked about real life experience was 13 popular >> people who use my fitness pal said it them maid them aware of how much they're eating and exercising and how it helped them maintain weight loss. >> my fitness pal has features like a bar code scanner entering amount of calories. you can track how many you burn exercising and on the web site, you can get

encouragement from others use using the program. >> besides doing it yourself diets, we also rated commercial diets which you have to pay to join. in cases by their food. >> nutrisystems$iy:u rated diet. a third of those didn't like the plan's food. >> among commercial diet plans weight watchers scored much higher, higher than jenny craig. it works differently. you don't have to buy their pood, you can eat whatever you want within the points limit autos if you can't attend meet beings you can track online, however, terry is happy with my fitness pal, free. >> i'll lose 10 pounds. is a great tool for me. >> another diet that did well is called paleo diet, instructing to eat what seafoods fruits and vegetables. some studies found if you don't just say you want to lose weight but call it a new

year's resolution, you are 10 times more likely to reach your goal. >> interesting. >> 4% to 44. >> you've got to write stuff down. admit to it oo. yes. >> and maybe find a friend to tep you -- help you yes. the caveman approach usually works for me. >> thank you. >> yes. >> take a look at this picture, it wasn't taken by a professional, but a proud father. it's a baby of baby holding a finger of a doctor performing the c section. this was taken by the father who hadn't noticed the breath taking moment. >> doctor pulled me over and said she's got a hold of my finger. i grabbed a shot. just in awe looking at it. just an amazing picture. >> it's remarkable. couple from phoenix, arizona taking this pick newer october chlg he hesitated sharing it. he thought there might be

negative comments. doctors saits not common but not unheard of for a newborn to reach out during a delivery. >> you've covered all sorts of stories have you ever seen that? >> no. it's just remarkable. tiny finger autos yes. neat moment. >> yes. >> still ahead on abc 7 news at 4:00 a celebration at one of the most popular museums for families. >> plus, a man swept out to sea in marin county things you need to know to avoid those ád hi interest there, i'm dan ashley. coming up at 5:00, a family ordered out of thifr home for the mess littering their property nearly a decade. it's a story you'll see only on abc 7 news. and star buck was a way to keep cups out of the landfills. but it will cost you. all that have is coming up at 5:00. >> right now here is diane sawyer with a look at world news at 5:30. >> hello. happy newor to everyone in the bay area. tonight we're going to

breakdown this new deal on the fiscal cliff. what it means for taxes and the family wallet. and also, the danger at the family grill tonight. what can happen in cooler weather, it's based on our espn anchor hannah storm, her terrifying story. if you've resolved to exercise, see a 101-year-old woman 1111111g

as we told you the man killed when being swept away by a sneaker wave has been identified. >> he was walking on the beach with his wife and dog when a wave suddenly hit. wayne freedman joins us live now from the marin coast with more on this tragedy and danger those waves posed. wayne? >> it's about 24 hours. just more than 24 hours since that tragedy not far from here at north beach two. people going for a walk with their do, a rogue wave comes in. they call it a sneakerá:u:ñ wave now have the identity of the man killed. his name charlie quaid from richmond. the family gave thus

photograph of him, his skbif dog. they'd been spending new year's day at beach. went for the walk, caught off guard by a powerful wave that this place is known for. lisa went in first, charlie rescued her. the dog went in to greet lisa. charlie was able to of save the dog. another wave pulled charlie out to sea, then he disappeared. four hours later crews from marin county recovered a body. they've seen the waves describing north beach as sneaker waves as moch-treacherous because they come straight in from the gulf of alaska. let's hear from the fire captain who helped with the rescue. >> they're much larger. luld. then, a large set waves come through. maybe five to 10 waves coming through that are much bigger than last 10-15 minutes. >> it appears a series of

those waves hit the beach yesterday. a series like the one he described. mrs. quaid provided pictures to abc 7 news. she did not want to be interviewed on camera under bli. charlie's brother, michael described him as a hero. reporting live from marin county, wayne freedman abc 7 news. >> all right, thank you. >> one of the san francisco most popular museums closed it's home today to great cheers. >> that is because exploratorium will begin moving into the new home at pier 15 on the water front to celebrate, museum led visitors in for free on this last day where it had been 43 year autos new building will open april 17th, setting up mobile demonstrations during a transition period throughout san francisco. it's a lot of fun. >> it's a great place and will be new again. >> thanks for joining us for abc 7 news at 4:00. johnson.

>> the news at 5:00 begins right new. >> thank you. the secret live of a man killed in a home invasion is revealed. one of the suspects in his murder faces charges. >> i'm sandhya patel. it's getting cold out here, winter chill with us again. i'll show how low temperatures will go, coming up. >> and a faechl ordered to vacate their own home because of a code violation creating in the neighborhood. >> good evening, i'm dan ashley. >> a homeowner pitches a tent in the front yard, claiming the city leaves no choice. >> they've red tagged his house and want him to abandon a property he's been working to improve more than a decade. with the story only on abc 7 news.

>> this ti attorney office says they've been working to help this family bring the property up for code. they've brought in a local nonprofit but now, they say the city, they've had enough. they want these repairs and project done right now. >> what would you like to see happen here? what is the solution? >> the solution is let me keep going and finish the house. >> mark says he just needs a little more time. to clean up and finish up construction on his two story san mateo home. >> this stuff goes into session when you build a house it started more than 10 years ago. >> i've had health issues and stuff like that. we did what they asked. and they're not happen yes with that. they for some reason feel like it should be done immediately. if not sooner. >> a contractor by trade, he took out permits for extensive

remodel in twun. since that time he made progress, but not norly enough according to the city. >> it's a public nuisance involving potential fire hazards and potential rode dent infestation. >> in 2006 the city attorney asked for a detailed time line for completion. the clean up of the debris on the property. this year, the city red tagged the house as uninhabitable. his wife and teen-aged children moved in with a relative, he moved into a tent in the front yard. >> now, the city saying i can't flif a tent because i'm not supposed to use facilities in the house. >> new, the city wants a preliminary injunction riring them to clean up or abandon the house stit thinks is dangerously full of clutter with lack of working plumming and heating. neighbors may have complained but the one wez found were somewhat sympathetic. >> the house